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В Госдуму внесен законопроект, предусматривающий корректировку отдельных положений п. 2 ст. 16 Федерального закона от 22 ноября 1995 г. № 171-ФЗ «О государственном регулировании производства и оборота этилового спирта, алкогольной и спиртосодержащей продукции и об ограничении потребления (распития) алкогольной продукции» (далее – Закон № 171-ФЗ) в части запрета на продажу алкоголя возле образовательных организаций.
Действующее законодательство содержит запрет на розничную продажу алкогольной продукции на территориях, прилегающих к зданиям, строениям, сооружениям, помещениям, находящимся во владении или пользовании образовательных организаций (за исключением организаций дополнительного образования, организаций дополнительного профессионального образования) (подп. 10 п. 2 ст. 16 Закона № 171-ФЗ). Однако конкретные границы такой территории в федеральных нормативных правовых актах не установлены. В соответствии с п. 37 ст. 1 Градостроительного кодекса РФ границы прилегающей территории определяются правилами благоустройства территории муниципального образования в соответствии с порядком, установленным законом субъекта РФ.
«Анализ нормативно-правовых актов муниципальных образований, касающихся данного вопроса показывает, что границы прилегающих территорий варьируются от 15 до 100 метров. При этом ограничения, связанные с розничной торговлей табачными изделиями устанавливают однозначный запрет такой торговли на расстоянии 100 метров», – подчеркивается в пояснительной записке к законопроекту. В связи с этим парламентарии предлагают установить единый подход и в вопросе ограничения расстояний, на которых возможна продажа алкогольной продукции, определив такой предел в 100 метров.
Таким образом, в случае одобрения инициативы1 будет запрещена розничная продажа алкогольной продукции, включая ее продажу при оказании услуг общественного питания, на расстоянии менее чем 100 метров по прямой линии без учета искусственных и естественных преград от ближайшей точки, граничащей с территорией, предназначенной для оказания образовательных услуг. По-прежнему, запрет не будет распространяться на территории, прилегающие к организациям дополнительного образования и организациям дополнительного профессионального образования.
По мнению разработчиков законопроекта, уточнение ограничительных мер на розничную продажу алкоголя позволит снизить шаговую доступность алкогольной продукции (в первую очередь, для несовершеннолетних). В конечном итоге это будет способствовать дальнейшему снижению объемов потребления алкоголя среди населения.
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1 С текстом законопроекта № 809844-7 «О внесении изменений в статью 16 Федерального закона «О государственном регулировании производства и оборота этилового спирта, алкогольной и спиртосодержащей продукции и об ограничении потребления (распития) алкогольной продукции» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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